QUESTION
My in-laws were called by an attorney trying to collect on a dept of my husbands. They told them all the details. They told them he didn''t live there.
Asked on Mar 18th, 2012 on Debtor and Creditor - Washington
More details to this question:
A couple of days latter they were served for my husband. We''ve never lived at their house and have the same residence for 3+ years. Is the service valid? What steps do we take to proceed.
1 ANSWER
3 Awards
You are aware of the suit. I suggest facing it rather than trying to dodge service. The attorney acting as debt collector likely violated the Fair Debt Collection Practices Act (FDCPA) by disclosing the details of the debt to your in-laws. You should hire an attorney to represent you and bring the FDCPA violations as a counter-claim. It will likely reduce what you owe.
If you cannot reasonably foresee repaying the balance due, you may wish to consider bankruptcy. Also, check the statute of limitations in your state for credit card debts. You may have a defense there as well.
Answered on Apr 02nd, 2012 at 5:22 PM